Parenting Plans & Custody Agreements in Ireland
A parenting plan, sometimes called a custody agreement, is an agreement parents make about how they'll raise their children after their divorce or separation.
It's an important document that can lead to a better co-parenting experience for you and your children.
You can decide on the details of your parenting plan through mediation or on your own. In contentious cases, the court sometimes recommends parents work with a parenting mentor to create a plan.
What goes in a parenting plan
Ireland does not have official requirements for what a parenting plan contains or how it looks. Your plan does not need notarization or witness signatures.
You can use the Custody X Change parenting plan template or a similar template if you'd like guidance. This will help you cover all the important topics and use clear wording acceptable in court.
A thorough plan should cover at least:
Custody and access
If one parent will have sole custody, will the other have access? If parents will have joint custody, which will have primary care and control of the children? (The primary carer determines the children's main address and usually receives child maintenance payments.)
Once you've explained this, set out your custody and access schedule. For clarity, describe it both in writing and with visuals.
You can agree that you will decide when to hand over the children as you go, but it's wise to have a schedule to fall back on in case of disagreements.
Decision-making
If both parents are guardians, they each have the right to participate in major decisions about the children. However, the day-to-day reality of sharing this right can be complicated. Explain how you will consult each other on decisions. Will one person be in charge of certain types of decisions?
Handovers
In this section, it's good to address where you'll hand over the children and what will happen if one of you is late. You might even agree to have a friend or family member transport the child so you don't have to interact with each other.
Moving
Do you both agree to live within a certain area? Will you get permission from one another before moving more than a certain distance?
New partners
You each might agree not to introduce the children to your new romantic partner until the new relationship has been established for a certain amount of time. If one parent feels the other's partner puts the child at risk, they can go to court to prevent the partner from interacting with the child and even possibly restrict the parent's access.
Maintenance and other payments
Parents in Ireland are allowed to come up with their own agreement about child maintenance. Explain it in clear detail. When and how will payments be made? For how much? If you'll leave child maintenance calculation to the court, state this instead.
You might also want to cover other finance questions, such as who will cover large parenting costs, who will provide pocket money and who will handle the children's bank accounts.
Future revisions
Even the best parenting plans need occasional updates. Say how often the parents will discuss whether it's working. If you disagree on changes to the plan, will you consult a mediator?
Other child-rearing issues
You can address anything else that might cause conflict in the future: child care, education, travel and so on.
The Custody X Change parenting plan template has customizable provisions in 26 categories so your plan doesn't leave any holes.
Turning your plan into a rule of court
You have the option to turn your parenting plan into a rule of court so that it's enforceable as a court order. Some parents who are confident that they'll never need the court's help skip this step.
To apply for a rule of court, turn in your parenting plan when you apply for custody or divorce (or later in the case). Opening the case is free.
You will have a hearing, and a judge will issue a rule of court as long as your parenting plan protects the interests of the children and the parents.
You can agree to changes to the rule of court in writing. If you can't agree, either parent can ask the court for a change (aka a variation).
The easiest way to make a parenting plan
When you're writing a parenting plan, it's critical you use airtight language that leaves no room for interpretation.
If you hire a solicitor, they'll write up the plan and ensure it meets the court's requirements.
If you write your own plan, use technology to take guesswork out of the equation. The parenting plan template in the Custody X Change online app walks you through each step.
The result is a professional document that demonstrates your competence as a parent from the first glance.
The easiest and most reliable way to make a parenting plan is with Custody X Change.